Alabama Car Accident Claims: Your Rights and Compensation

If you've been injured in a car accident, your first priority should be to seek medical attention. You have the right to receive necessary medical treatment for your injuries.

File an Insurance Claim After an Alabama Car Accident

Alabama follows a fault-based system for car insurance. This means that you have the right to file a claim with the at-fault driver's insurance company to seek compensation for your injuries, medical expenses, property damage, and other losses. You may also file a claim with your own insurance company if you have certain coverages like personal injury protection (PIP) or uninsured/underinsured motorist coverage.

Understanding Your Compensation Rights in Alabama

If the other driver was at fault for the accident, you may be entitled to various types of compensation such as medical expenses, lost wages, and pain and suffering.


Victims of car accidents may suffer from a broad range of injuries during a crash, from minor cases of whiplash to life-threatening spinal cord and brain injuries.

Other common types of car accident injuries include:

  • Broken bones
  • Cuts and lacerations
  • Amputations and limb loss
  • Torn ligaments
  • Back injuries
  • Internal bleeding
  • Organ damage

No matter the severity of the accident, it's critical that you see a doctor as soon as possible. In some cases, it may take a few days for the crash victim’s symptoms to even surface, by which time the injury may worsen. Having proper documentation of the injury is also essential for securing compensation in a car accident claim.


If you’ve been driving for a while – or have ever needed to file an insurance claim after a car accident – you’re probably already familiar with the term “at-fault driver.” Because car accident claims are categorized as civil torts, they are typically evaluated based on the principle of negligence – meaning that you will be entitled to compensation if you can prove the other driver was at fault for the crash.

Of course, every state has a slightly different approach to the issue of negligence in car accidents. Some states even have “no-fault laws” that allow both parties to seek compensation from their own insurance providers.

Under Alabama’s fault-based system, however, injured drivers can only recover compensation if they do not share any liability for the accident. This is called the theory of “contributory negligence,” and because this principle is so strict, it’s important to review every detail of your car accident case with an experienced lawyer before taking action.

Step-by-Step Guide to Filing a Car Accident Claim in Mobile

To file a car accident claim in Alabama, you'll generally follow these steps:

  1. Seek Medical Attention
  2. Report the Accident
  3. Gather Information
  4. Notify Your Insurance Company
  5. Consult an Attorney
  6. Determine Liability
  7. File a Third-Party Claim
  8. Negotiate a Settlement
  9. File a Lawsuit (if necessary)

Contact Our Alabama Car Accident Lawyers for a Free Consultation

Cunningham Bounds handles auto accident cases in Mobile and throughout Alabama, as well as nationwide. For more than 60 years, we’ve been fighting for justice – and we have the resources and skills to guide you through the difficult aftermath of a car accident. It’s our goal to help you determine the most effective course of action and successfully represent you both in and out of court.

Contact Cunningham Bounds. Our top-rated Alabama car accident attorneys are ready to fight for you. Call (251) 299-0101 today to get started.

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Car Accident FAQs

  • How Much Time Do I Have to File a Car Accident Claim?

    According to Ala. Code §6-2-38, the statute of limitation to file a car accident claim in Alabama is two years. This means you have two years from the date of your accident to file a claim or you will most likely lose your legal right to do so.

    Though this may seem like a long time, remember that you first have to go through the entire insurance claim process. Insurance adjusters often draw out this phase, hoping to frustrate or exhaust you. Make sure legal stipulations don’t prevent you from suing for uncovered expenses: Hire an experienced car accident attorney today.

  • What Compensation Can I Recover?

    If you choose to go to court after a car accident, you may file suit directly against the at-fault driver’s insurance company or directly against the individual. A lawyer can help you decide what damages to seek. In Alabama, this may include expenses the insurer refused to reimburse, as well as tangible damages.

    You may request payment for:

    • Medical bills
    • Car repairs
    • Lost wages
    • Pain and suffering
    • Disfigurement
    • Loss of consortium

    Once in court, you’ll be arguing your case in front of a jury, so it’s important to have strong evidence. Your attorney can also help you prepare to confidently answer questions during cross-examination. They will present your case to help convince the jury of your needs.

  • Do I Need a Lawyer if I Don’t Plan to File a Lawsuit?

    In a word: Yes. Courtrooms aren’t the only venue where an experienced lawyer is an invaluable advocate. Insurance adjusters often try to take advantage of accident victims by purposely offering a low settlement to start, also known as “low-balling.”

    If you’ve never had to negotiate with an insurer before, they may try to pull one over on you. Even if you don’t think you need to file a lawsuit now, developments in your case may make it necessary later on, as it can be difficult to get the full compensation that you deserve.

    When you have a lawyer who is already familiar with your case and prepared to advocate for your interests, it simplifies the process and increases your odds of a fair outcome. Our experienced team at Cunningham Bounds knows how to deal with insurers in a no-nonsense way. We’ve done this hundreds of times before.

    There’s no need for you to take on the stress of a negotiation when you’re recovering from a scary experience like a car accident. Let our team do the hard work of reasoning with the insurance companies so you can focus on recovering and returning to your daily routine.

  • What Are the Most Common Car Accident Causes?

    In recent years, distracted driving has emerged as one of the most common reasons for car accidents across the country. It’s also still common for drivers to operate a vehicle while intoxicated – and this illegal behavior is responsible for ending thousands of lives every year.

    While it’s difficult to estimate exactly how many deaths and injuries are caused by driver negligence or defective vehicle parts, most public health experts agree that certain causes stand out above the rest.

    These careless actions are considered some of the top causes of motor vehicle accidents in the United States:

    • Texting, eating, and talking on the phone while driving
    • Driving under the influence of drugs or alcohol
    • Aggressive road behavior or “road rage”
    • Ignoring traffic signs and signals
    • Failing to execute a merge in the proper way
    • Speeding
    • Tailgating
    • Poor vehicle maintenance
    • Failing to look both ways when backing out of a driveway or parking spot
    • Opening a door in traffic

The Cunningham Bounds Experience

  • With Us, It's Personal
    Throughout your case, our team will always be accessible, responsive, respectful, honest, and compassionate. Our clients can attest to our high level of service and the longstanding relationships we have forged with them.
  • Committed to Our Community
    We believe in giving back to our community. We provide pro bono (no cost) legal services to those in our community who can’t afford legal representation. We also support local charitable organizations by donating our time, money, and expertise.
  • With You to the End
    Unlike most plaintiff law firms, we have our own appellate practice, which means we can stay involved in your case throughout the appeals process. We keep fighting until the case is over.

Record-Breaking Verdicts & Settlements

  • $10 Million Verdict for Woman in Collision Case

    Cunningham Bounds’ attorneys achieved a $10 million jury verdict for the family of a commercial pilot in a head-on collision with a cocaine-impaired serviceman for an automobile dealer.

  • $6.5 Million Verdict for Woman Severely Injured in Crash

    Cunningham Bounds, LLC obtained a $6.5 million verdict against State Farm Insurance Company and in favor of its insured, Meghan Grove. Mrs. Grove was severely injured during an automobile collision.

  • $975,000 Settlement in Motor Vehicle Crash

    The Cunningham Bounds team obtained a $975,000 result on behalf of a client who was injured in a car accident.

  • $900,000 Settlement for Man Who Suffered a Herniated Disc

    Our client, and the driver behind him, were both appropriately stopped at a red light, when a third vehicle, owned by Southeastern Exterminating, Inc. slammed into the rear of the vehicles.

  • $870,000 Jury Verdict Against Driver Failing to Yield Right-of-Way

    An $870,000 verdict was obtained by the attorneys of Cunningham Bounds for a man who was severely injured when a Mobile County Gradall Excavator failed to yield the right-of-way.

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